Trump indicted on 37 federal counts out of Special Counsel Jack Smith's investigation into classified records

Former President Donald Trump was indicted on 37 federal counts, including willful retention of national defense information, conspiracy to obstruct justice and false statements, according to an unsealed copy of the indictment obtained by Fox News.

Special Counsel Jack Smith unsealed the indictment against the former president on Friday. 

Trump valet and aide Waltine Nauta was indicted on six federal counts, detailed in the indictment. 

Trump first announced he had been indicted on Thursday night. Trump told Fox News Digital he will plead not guilty. 

The indictment states that Trump, as president, "had lawful access to the most sensitive classified documents and national defense information gathered and owned by the United States government, including information from the agencies that comprise the United States Intelligence Community and the United States Department of Defense." 

EXCLUSIVE: TRUMP SAYS INDICTMENT IS 'ELECTION INTERFERENCE AT THE HIGHEST LEVEL'

"Over the course of his presidency, TRUMP gathered newspapers, press clippings, letters, notes, cards, photographs, official documents, and other materials in cardboard boxes that he kept in the White House," the indictment states. "Among the materials TRUMP stored in his boxes were hundreds of classified documents." 

"The classified documents TRUMP stored in his boxes included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack," the indictment states. "The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods." 

The special counsel claims that Trump showed classified documents to others in 2021 — once in July 2021 at Trump National Golf Club in Bedminster, New Jersey, and once in August or September 2021. 

TRUMP, LAWYERS PART WAYS AFTER FEDERAL INDICTMENT

"In July 2021, at Trump National Golf Club in Bedminster, New Jersey (The Bedminster Club), during an audio-recorded meeting with a writer, a publisher, and two members of his staff, none of whom possessed a security clearance, TRUMP showed and described a ‘plan of attack’ that TRUMP said was prepared for him by the Department of Defense and a senior military official. TRUMP told the individuals that the plan was ‘highly confidential’ and ‘secret,’" the indictment said. "TRUMP also said, ‘as president I could have declassified it,’ and, 'Now I can't, you know, but this is still a secret.'" 

In August or September 2021, the special counsel alleges Trump "showed a representative of his political action committee who did not possess a security clearance a classified map related to a military operation and told the representative that he should not be showing it to the representative and that the representative should not get too close." 

The FBI, in March 2022, opened a criminal investigation into the unlawful retention of classified documents at Mar-a-Lago. The federal grand jury investigation began in April 2022.

TRUMP INDICTED ON FEDERAL CHARGES RELATED TO DOCUMENT HANDLING AND OBSTRUCTION OF JUSTICE

"The grand jury issued a subpoena requiring Trump to turn over all documents with classification markings," the indictment states.

The special counsel alleges Trump "endeavored to obstruct the FBI and grand jury investigations and conceal his continued retention of classified documents" by suggesting that his attorney "falsely represent to the FBI and grand jury" that he "did not have documents called for by the grand jury subpoena."

The indictment says Trump also suggested his attorney "hide or destroy documents called for by the grand jury subpoena" and directed his aide — defendant Waltine Nauta — to "move boxes of documents called for by the grand jury subpoena, while claiming that he was cooperating fully."

The indictment names Nauta, who served as a White House valet and later a personal aide, as Trump’s "co-conspirator."

Smith says Trump retained classified information originating from the CIA, the Pentagon, the National Security Agency, the National Geospatial Intelligence Agency, the National Reconnaissance Office, the Energy Department, the State Department and Bureau of Intelligence and Research.

Smith says Trump retained a document that denoted it was "releasable only to the Five Eyes intelligence alliance consisting of Australia, Canada, New Zealand, the United Kingdom, and the United States." 

During the FBI’s unprecedented raid of Mar-a-Lago in August 2022, the FBI seized 102 documents with classification markings in Trump’s office and storage room.

In Trump’s office, the indictment states there were 27 classified documents — six marked as top secret, 18 marked as secret, and three marked as confidential. In the storage room, 75 classified documents were found — 11 marked as top secret, 36 marked as secret, and 28 marked as confidential.

Trump is charged with 31 counts of willful retention of national defense information —including documents concerning White House intelligence briefings related to various foreign countries; documents concerning military capabilities of a foreign country and the U.S. with handwritten annotation in black marker; a June 2020 document concerning nuclear capabilities of a foreign country; an Oct. 21, 2018, document concerning communications with a leader of a foreign country; an undated document concerning military contingency planning of the U.S.; a document from December 2019 concerning foreign country support of terrorist acts against U.S. interests; an undated document concerning nuclear weaponry of the U.S.; an undated document concerning the timeline and details of an attack in a foreign country; and more.

TRUMP TARGETED: A LOOK AT PROBES INVOLVING THE FORMER PRESIDENT; FROM STORMY DANIELS TO RUSSIA TO MAR-A-LAGO

Trump is also charged with conspiracy to obstruct justice. The indictment says the "purpose" of the conspiracy was for Trump "to keep classified documents he had taken with him from the White House and to hide and conceal them from a federal grand jury."

Trump and Nauta were both charged with two counts of withholding document or record; and one count of concealing a document in a federal investigation.

Trump and Nauta were also charged with one count of "scheme to conceal."

Trump was also charged with making a false statement in June 2022 when he said a  "diligent search" of Mar-a-Lago was conducted; the search was conducted "after receipt of the subpoena;" and "any and all responsible documents accompany this certification."

TRUMP AIDE INDICTED IN CLASSIFIED DOCUMENTS INVESTIGATION

"The statements and representations set forth above were false, as Trump knew, because Trump had directed that boxes be removed from the Storage Room before Trump attorney 1 conducted the June 2, 2022, search for documents with classification markings, so that Trump attorney 1’s search would not and did not include all of Trump’s boxes that were removed from the White House; Trump attorney 1’s search would not and did not locate all documents responsive to the May 11 subpoena; and all responsive documents were not provided to the FBI and grand jury with the certification," the indictment states.

"In fact, after June 3, 2022, more than 100 documents with classification markings remained at The Mar-a-Lago Club until the FBI search on August 8, 2022," the indictment states.

Nauta was also charged with a count of making a false statement during a voluntary interview with the FBI on May 26, 2022, about moving boxes.